BINOD BIHARI SETHY Vs. STATE OF ODISHA

JUDGEMENT

(1.) An FIR was lodged against the present petitioner on 24/10/2006 by the then Tahasildar, Chhendipada before the Officer-in- Charge, Chhendipada Police Station leading to registration of P.S. Case No. 132 dtd. 24/10/2006 for the alleged commission of offence under Ss. 447/379/188/294/535/506 of IPC. The said P.S. Case corresponds to C.T. Case No. 1962 of 2006, which is presently pending in the Court of learned J.M.F.C., Chhendipada. Final Report was submitted in the case after more than 15 years. The inaction of the investigating agency complied with inordinate delay is cited as a ground by the petitioner for quashment of the FIR and the consequential criminal proceedings in the present application filed under Sec. 482 Cr.P.C.

(2.) A reading of the FIR reveals that the petitioner had allegedly encroached upon three government plots measuring an area of Hc.1.8660 in village Kosala, for which Encroachment Case No. 46 of 2005 was instituted against him. Pursuant to show cause issued, he appeared before the Court (Tahasildar) on 6/7/2005 and admitted the fact of encroachment. Subsequently, the Tahasildar, Chhendipada issued prohibitory orders against the petitioner restraining him from going to the government land or from raising any crops thereupon. It is further alleged that the petitioner did not abide by such orders and raised crops, for which the Tahasildar directed the concerned Revenue Inspector to seize the standing crops as per law. Despite such seizure of crops, the petitioner is alleged to have forcefully entered into the plots and after harvesting the crops shifted them to the nearby field. When the Revenue Inspector, after coming to know of such fact rushed to the spot, he found the petitioner in the process of shifting and cutting the crops, and dissuaded him from doing so. It is further alleged that instead of acceding to such request, the petitioner abused the Revenue Inspector in filthy language and also threatened to kill him. The Tahasildar thereafter lodged the complaint before Chhendipada Police Station leading to registration of the case as above. The FIR was forwarded to the Court of learned S.D.J.M., Angul on 28/1/2006, on the basis of which the above mentioned C.T. case was instituted. Since then, the case was adjourned from time to time till it was transferred to the Court of learned J.M.F.C., Chhendipada. It has come to light, from the instructions obtained by learned Addl. Standing Counsel that in the meantime, Final Report has been submitted basing on which notice has been issued to the informant but till date, he has not responded.

(3.) Heard Mr. A. Das, learned counsel for the petitioner and Mr. P.K. Maharaj, learned Addl. Standing Counsel for the State.